The defendant shall be innocent.

1. The summary of the facts charged is the driver of the passenger vehicle in BAE Habrid Dold Dold Dold.

On July 15, 2020, the Defendant operated a distance of about 100 meters from the access road to the D Rest in Gyeonggi-gun C to the parking lot for D resting area while under the influence of alcohol content of 0.170% (measurable numerical value) during blood transfusion around 01:54.

2. Determination

A. Emergency evacuation under Article 22(1) of the Criminal Code refers to an act with considerable reason to avoid the present danger to one’s own or another’s legal interest. Here, “an act with considerable reason” should be the only means to protect the legal interests faced with danger, and the first act should be the only means to protect the legal interests of the victim, second, the benefit to be compensated by the act of escape should be superior to that of the victim. Third, the profit to be compensated by the act of escape should be superior to that of the victim. Fourth, the act of escape must be appropriate in light of social ethics or the overall spirit of legal order (see, e.g., Supreme Court Decision 2005Do9396, Apr. 13, 206).

The defendant's act of driving as stated in the facts charged of this case is an act to avoid the present danger to himself or other person's legal interests.